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Aba Laser Hair Removal
Revised: October 15th, 2020
This “SMS Policy” (Text Message Policy) applies to your use of promotional and non-promotional text message programs (collectively “Messaging Services”) sent by Aba Depilacion Laser (“ABA”, “we” and ” our”). Along with any other terms and conditions that apply, this SMS Policy constitutes a legally binding agreement between you and us. By using any of the Messaging Services, you accept this SMS Policy. We do not sell, share or transfer your personal information to any company or entity.
1.Types of Text Messages that we send through our Messaging Services and the consent required for each one:
(a) Promotional Text Messages: ABA Promotional Text Messages are text messages that contain alerts about offers, discounts, advertising, and products available from ABA. Customers can subscribe to receive Promotional Text Messages by sending a text message with the word ABABEAUTY to 1-800-578-8979. When sending this message, you will receive a text message asking to confirm that you agree to receive text messages, after which you will remain subscribed to Promotional Text Messages. By subscribing, you will receive five (5) text messages per month.
(b) Non-Promotional Messages (Transactional Messages): ABA Transactional Messages are text messages that provide customers with appointment reminders, confirmation requests, and other notifications related to their ABA transactions. Customers agree to receive transactional text messages when they provide their cell phone number by completing a “Customer Form” at any of our establishments or when they make an appointment with us by phone call.
2.General Terms and Conditions to Participate in any of our Messaging Services:
By registering for any of our Messaging Services, you declare that you are 18 years of age or older, and that you are the owner of the mobile phone account used to register. By subscribing and / or consenting to any of our Messaging Services you authorize us, or those who act on our behalf, to send Promotional and / or Transactional text messages (subject to the consent given) to the cell phone number you provided to us. Subscription or consent to the Messaging Services is not a requirement to be an ABA customer or to use our services. The Messaging Service is valid only in Puerto Rico and the United States.
ABA does not charge a fee for Messaging Services. However, under your text messaging plan, message and data rates may apply from your wireless service provider. ABA assumes no responsibility for charges incurred by subscribing to or consenting to our Messaging Services.
How to suspend the Messaging Service for Promotional Messages:
To suspend Messaging Services for Promotional Messages and not receive promotional text messages, simply text STOP to 1-800-578-8979, send an email to firstname.lastname@example.org, or call 1-800-578-8979 Monday-Friday from 8am to 6pm Puerto Rico time. After doing so, you will receive a text message confirming the suspension of the Service. This way, you will no longer receive promotional ABA text messages on your cell phone.
How to suspend the Transactional Message Messaging Service:
To suspend Transactional Messaging Services and not receive transactional text messages, simply call 1-800-578-8979. After doing so, you will receive a text message confirming the suspension of the Service. This way, you will no longer receive transactional text messages from ABA on your cell phone.
How to register again for the Messaging Services:
You can re-register with our Messaging Services to receive promotional messages by sending a text message with the word ABABEAUTY to 1-800-578-8979. You will receive an SMS text message welcoming you back to the Service. You can register again to receive Transactional Messages by calling (1-800-578-8979.
Some of the carriers compatible with the Messaging Services are the following: AT&T, U.S. Cellular, Verizon Wireless, Sprint, Virgin Mobile, Cricket, Boost, Nextel, and T-Mobile. The Service is not compatible with all cell phone models. ABA is not responsible for returned, delayed, not received or undelivered messages of any kind. Additional providers can be added to this list at any time. Messaging Services may not be available through all cellular service providers.
Our right to cancel the Messaging Services:
We reserve the right to unilaterally suspend or cancel any of our Messaging Services, in our sole discretion, and without prior notice.
For help, simply text HELP to 1-800-578-8979, or email email@example.com, or call 1-800-578-8979 Monday-Friday from 8am to 6pm Puerto Rico time.
By using the Messaging Services, you accept the terms and conditions of this SMS Policy. If you do not accept the terms and conditions of this Policy, you must stop using the service, as previously described in this Policy. We can update or modify the terms of this SMS Policy at any time, and such modifications will be effective from the moment we publish the updated SMS Policy at https://aba.pr/politica-de-sms/ (the « Website”). We may also choose to send you a text message to your cell phone number to notify you of such changes. You can review this SMS Policy and any modifications made to it, at any time by visiting the Website. If you do not accept the modifications of this Policy, you must stop using the Messaging Services immediately and suspend the service, as described above. Continued access or use of the Messaging Services after such publication means that you agree to be bound by the amended terms of the SMS Policy.
Most customer concerns can be resolved quickly and to your satisfaction by calling any of our stores at 1-800-578-8979 or visiting our Web Page at aba.pr. In the unlikely event that we are unable to resolve your concern or respond to a complaint, each party agrees that the resolution of any dispute related to this Policy will undergo a mediation process. If such a dispute cannot be resolved through a mediation process, the parties agree that the resolution of the dispute will be submitted to a binding private arbitration process or in the Court of First Instance in San Juan as explained below.
Binding, bilateral arbitration. Please read this carefully as it affects your rights. YOU AND ABA AGREE THAT ANY CONFLICT, DISPUTE, OR CLAIM ARISING FROM OR RELATING TO THIS POLICY, AND WHICH CANNOT BE RESOLVED THROUGH A MEDIATION PROCESS, WILL BE RESOLVED ONLY BY FINAL, BINDING AND BILATERAL ARBITRATION. IF A COURT DECLARES THIS ARBITRATION AGREEMENT INVALID, THEN THE PARTIES AGREE THAT THE DISPUTE WILL BE RESOLVED BY A JUDGE OF THE COURT OF FIRST INSTANCE IN SAN JUAN. This arbitration agreement must be interpreted broadly, and it expressly includes the claims established under the Telephone Consumer Protection Act (TCPA), 47 USC § 227 et seq., or any other statute, regulation or fair or legal theory. You and the provider agree that the Federal Arbitration Act, 9 USC 1, et seq. (“FAA”) applies to this agreement to arbitrate and govern all questions about whether a dispute is subject to Arbitration. Unless you and ABA agree otherwise in writing, arbitration will be administered by the Consumer Arbitration Rules of the American Arbitration Association, in effect at the time of filing the arbitration (the “AAA” Rules). Persons in charge of the arbitration must respect the terms and limitations of this agreement, in the same way that a Court would. They may also award compensation for damages (this includes attorney’s fees) as authorized by law and / or the AAA Rules. The arbitration decision is final and binding, with certain exceptions under the FAA, and the judgment can be presented in any court of competent jurisdiction. BY SUBSCRIBING TO OR CONSENTING TO ANY OF THE SMS SERVICES, YOU AND ABA WAIVE THE RIGHT OF TRIAL OF A COURT, AND THE RIGHT TO PARTICIPATE IN ANY GROUP, REPRESENTATIVE OR COLLECTIVE PROCEDURE, EXCEPT IN THE CASE THAT THIS ARBITRATION AGREEMENT IS DECLARED INVALID. The request for arbitration must be notified no later than one (1) year after the controversy arises.
THIS AGREEMENT DOES NOT ADMIT GROUP ARBITRATIONS EVEN WHEN THE PROCEDURES OR RULES OF THE AAA ADMIT THEM. INSTEAD, YOU AND ABA CAN ONLY START AN INDIVIDUAL AND BILATERAL ARBITRATION. FURTHER, UNLESS YOU AND ABA AGREE IN WRITING DIFFERENTLY, THE ARBITRATOR (S) WILL NOT BE ABLE TO CONSOLIDATE CLAIMS FROM ONE PARTY TO THE CLAIMS OF ANOTHER PARTY, NOR MAY THEY OTHERWISE PRESIDE ANY FORM OF REPRESENTATIVE OR COLLECTIVE PROCEDURE.
You and ABA are responsible for the costs each may incur, related to advice, expert guidance, and witnesses, as well as any other costs associated with the arbitration.
Disclaimer of warranties
ABA DOES NOT GUARANTEE OR MAKE ANY REPRESENTATION ABOUT MESSAGING SERVICES. ABA HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE MESSAGING SERVICES MAY CONTAIN INACCURACIES, OTHER ERRORS, OR MAY NOT WORK IN THE MANNER THAT YOU EXPECTED. IN ADDITION, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, AMONG OTHERS, THE ACTS OR OMISSIONS OF THIRD PARTIES, OR FORTIOUS ACTS. WE DO NOT GUARANTEE AN ERROR FREE SERVICE. WE WILL NOT BE RESPONSIBLE FOR DELAYS IN THE RECEIPT OF SMS TEXT MESSAGES, SINCE THE SENDING IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR CELLULAR SERVICE PROVIDER.
We are not responsible for any damages, including, but not limited to, incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorneys’ fees arising or resulting in any way from your use of the Messaging Services.
To the maximum extent permitted by applicable law, you expressly agree to indemnify, defend and hold harmless ABA, its directors, officers, employees, servers, agents, representatives, independent contractors and affiliates of and against each and every claim, damages, responsibilities, actions, causes of action, costs, expenses (including reasonable attorneys’ fees), trials or penalties of any kind or nature arising from your use of the Messaging Services or receipt of text messages by ABA.
Any matter or question that arises regarding the construction, validity, interpretation and enforceability of this SMS Policy, or the rights and obligations of ABA and / or the client, in connection with this SMS Policy, will be governed by, and interpreted in accordance with the laws of the Commonwealth of Puerto Rico. If any provision of these Rules or the application of any provision to any person or circumstance is declared invalid, inapplicable or null, said decision will not have the effect of invalidating or voiding the rest of this SMS Policy.